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Seattle Times — A law to shield public from secrecy

The U.S. House of Representatives is expected to vote as early as today on a federal law that would protect journalists from having to reveal confidential sources.

The Free Flow of Information Act is a needed remedy for a federal gover

The Seattle TimesOct. 15, 2007

The U.S. House of Representatives is expected to vote as early as today on a federal law that would protect journalists from having to reveal confidential sources.

The Free Flow of Information Act is a needed remedy for a federal government that has become increasingly secretive. The law would not be so much a protection for journalists as a protection for stories that otherwise might not be told. Rather than risk exposure, a source troubled by corporate shenanigans or government wrongdoing might choose to keep the secret, protecting the misconduct. The proposal's real beneficiaries are members of the public who can use the revelations to better hold their elected officials or corporations accountable.

Without confidential sources, the public might never know about such things as the CIA's secret prisons for terrorists in Eastern Europe. Locally, Seattle Times readers might never have learned as much about the University of Washington medical school's billing scandal or Alaska Airlines' maintenance problems.

Opponents of the federal law suggest it could protect terrorists or endanger national security in some other way.

With Virginia Rep. Rich Boucher's proposed amendment, a journalist who has received classified information could be compelled to reveal the source if a judge can be persuaded the information could lead to significant harm to national security. Also, journalists might still be compelled to testify if they personally witnessed illegal conduct - while still not having to disclose how they received prohibited documents.

Thanks to legislation passed earlier this year, Washington state joined 32 other states with similar laws. In 16 other states, court decisions also have acknowledged this privilege.

At the federal level, the threat to the free flow of information is increasing, however. The American Society of Newspaper Editors has confirmed at least 40 cases in recent years, but other estimates put the number much higher.